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Home My WebLink About10/10/84 TAPE #185 '%UtPPROVED DRAFT -~ #0100 October 10, 1984 The regular meeting of the City Council of the City of Bremerton was held at City Hall Council Chambers, 239 4th Street, Bremerton, Washing- ton, on October 10, 1984, at 5:30 p.m. with Council President Anderson presiding. Present were Councilmen Sturdivant, Drouin, An*D, and Adrian. Also present were Mayor Dawkins, City Attorney Broughton and City Clerk McCluskey. Absent were Homing, Pachek, Mosely and Johnson. The meeting was opened with the Pledge of Allegiance, led by President Anderson and the invocation given by Counci//mmn Adrian. CONSENT AGENDA President Anderson noted that items #SA is pulled for 2 weeks and #9A is pulled frc~ tonight' s agenda. City Clerk Mc<lluskey read the Consent Agenda to include Minutes of October 3, 1984, #AB84-506; Change Order #1, Water Utility Headquarters Building with the intent to reduce the size of the building by eliminating the northerly bay, #AB84-505, and Bid Award for Kiwanis Field Restroom, #AB84- 507, recc~mending that the Council approve the Contract and be awarded to Kitsap County Builders, meeting the specification, in the amount of $32,971.00. #0065 · M/S/C/U/(Adrian/Sturdivant) to approve the Consent Agenda as presented. Council President reminded those present that Public input is allowed be- fore passage of the Consent Agenda. ClAIMS~ REGISTER, #AB84-508 Ms. McCluskey read regular warrants, #6386 - #6565, in the amount of $473,129.51, and special warrants, #6380 - 6569, in the amount of $78,950.50, as audited and certified by Darlene Herrmann as required by RCW 42.24.090 and recorded on listings made available to the City Council. #0077 · M/S/C/U/(Drouin/Amo) to approve claims and warrant register as presented. MAYOR' S REPORT Ms. McCluskey read the following Proclamations by the Mayor to include; (1) YWCA - AL/VE proclaiming October 11, 1984 as "Day of Unity" with Mayor Dawkins presenting the Proclamation to Patty Carr, Director aNd Kim Kert- son, Program Director of the AL/VE program. (2) A proclamation, designating October 14, 1984, as "Statue of T.~herty Day" was presented to ~irs. Dennis (Clare) Gange and she spoke of the citizens of this country's responsibility to donate, large or small, to the restora- tion of the Statue, located in New York. (3) A proclamation, designating October 13th & 14th as "Celebrate Reading Weekend", sponsored by the National Literacy Council with ~.is. Rolain Vineyard advising of the purpose of the Council. Ms. McCluskey also read a Notice of "World Food Day", October 20, 1984, with the Kitsap County Food Bank sponsoring a "~YI~K" to raise pledges of food and money to support local food banks. Mayor Dakins noted that a seminar for management will be held Monday, Octo- ber 15, 1984, from 9:30 - 12:30 p.m. in Council Chambers to discuss discrimi- nation in the workplace. He also noted that this Saturday the Senior Fair will be held at Sheridan Park from 9:30 a.m. - 4:00 p.m. City Council Reg. Mtg. Minutes UNAPPROVED DRAFT October 10, 198 ' Page 2 of 7 Councilman Dzlrian stated a constituent of his has a business on Kitsap Way and wanted to inquire if there was a Right-of-Way ordinance. Mayor Dawkins stated he will research and report back as to the status of the Ordinance proposed sc~e tia~ ago. PUBLIC RECOGNITION - 5:45 p.m. Ms. Jean Jackson, Chairperson on the Mayor's Committee for Disabled, again thanked Council for moving the Council meeting the 4th Wednesday of each month however asked if location could be noted on the 3rd. week's agenda so people can plan ahead. There was some confusion as to where it would be held. Council agreed to have it noted. Ms. Lena Swanson, 2123 Snyder, wanted to respond to Wednesday, October 10, 1984, Bremerton Sun article that she may have opinions however she feels she is not misrepresenting the Management Ordinance and felt that the propose changes will give power of the organizational structure to the Council and take it away from the Mayor. She said she was advised by someone that the benefit plan was being held hostage to the organizational plan even though the remark was disputed in the news article. AI~fORNE~' S REPORT City Attorney Bill Broughton said questions have been raised regarding the Management Ordinance and should have a legal opinion by Friday to address same. He said the sick leave issue pertaining to individual that have accrued many hours will have to be addressed and requested that Council meet in Executive Session at the end of the meeting to discuss. He said he also is seeking a legal opinion from Association of Washington Cities regard- ing the proposed ordinance. COUNCIL MS~ER REPORTS Councilman Sturdivant noted there will be a Golf Course Cor~ittee meeting Thursday at 4:30 p.m. Councilman Adrian said the Budget and Finance Con~nittee met and agreed to develop a format for the budget hearings and will be sending Council m~J~Ders a memo on the format. He hopes that Council members will address ~th input from both Council and staff. Councilman Drouin gave a short report on the Wastewater Facilities Construc- tion cc~nittee meeting and noted item #4 of the minutes regarding changing a Cc~nercial II to Ccmmercial I. The information, he said, needs to be available when applying for a building permit. He also discussed the pro- posed 75% State funding. ORDINANCE #3931, (DISCUSSION ONLY - ITEM pUI.I.ED FROM AGENDA), #AB84-466 Ms. Lena Swanson asked if the Chairman of the Charter Change Committee would accept an invitation to debate. She also requested that Mayor Morrie Dawkins take a stand. She felt that the Ordinance erodes the position of Mayor. She could not understand why the section on "pay back" of vacation not even earned but granted in a lump sum at the beginning of each year. She said the ordinance does not address the Charter. In her opinion the people voted for a stong Mayor, weak Council concept and finally that she was disappointed in conments made by staff and Council members in tonight's Bremerton Sun. Mt.Brooke Snyder, 416 So. Lafayette, was opposed to giving public options to vote on which incompass several subjects. He said the positions of the Directorates might as well be changed to Cc~nissioners, firing the Council and returning to the former kind of government the people voted to change. Council President Anderson clarified for the record that the City Council is not the originator of the Ordinance. Mr. Dave Hiestand is the proponent with the Mayor and Staff who wrote the draft. Councilman Adrian stated Council did have significant input however and Management was agreeable to changes suggest- ed by Council input. City Council Reo Mtg. Minutes UNAPPROVED DRAFT October 10, 198 Page 3 of 7 Mr. Bert Gegner was in favor of two separate ordinances instead of one for Management Benefits and Compensation. He felt that the organizational structure was good and applauded efforts of Councilman Adrian who is respond- ing to Public input and allowing time to return the ordinance to the City Attorney to review and seek legal opinions. He was also in favor of the request to hold the ordinance until after the election. Ms. Mary Leu Long, 2433 Phinney Bay Drive, asked what the maximu~ amount of sick leave and vacation hours totals with Bill Broughton stating 160 vacation and 240 sick leave for a total of 400 hours. He said, unlike previous benefits for management tied into Union settlements, we now have a ceiling on amounts earned and hours cannot be carried over into the next year. He said he will recommend that the ordinance be separated into two ordinances, one for benefits and one for organization and he also suggested postponing until the intent of the voters is clear. Councilman Drouin undeIstood that the Mayor felt 17 Department heads was too cumbersome whereby the new ordinance has less people reporting directly to the Mayor. again Ms. Swanson said she was please that the ordinance is being /.reviewed and encouraged separation into two ordinances and would hope the Council would not act to approve until after the election. Ms. Long was a member of the Charter Change Committee and could not understand why the needed changes because she felt the Charter defines structure of City government. Why is Management being changed by ordinance rather than Charter change. She feared that each political change would mean an ordinance could be changed often at each election. Councilman Arno was not prepared to answer her question but would research and prepare an answer by next week. Mr. Snyder expressed confusion on the verbiage of "cross directorate" in Section 3, and suggested a triangle system where all departments work together. Recessed at 6:25 p.m.; Reconvened at 6:35 p.m. HEARING - REQUEST FOR SHORELINE PERMIT %8384, 2313 WHEATEN ~AY, FOR BAY BOWL, #AB84-514 Ms. McCluskey read a request from Mr. Robert Mulnix, applicant, for approval of a Shoreline Permit %8384 at 2313 Wheaten, Bay Bowl complex and parking. Ms. Carol Saari, Planner, presented Staff report. Councilman Anderson asked if any Council member has a conflict of interest, with no objection frc~ either Council members seated or public. Ms. Saari stated the Findings of Fact included applicant's desire to remove eleven (11) parking stalls for a 6,245 square foot addition to an existing 18,650 square foot bowling alley (for a total of 24,895 square feet). The addition is to provide room for eight (8) more bowling lanes to the existing twenty (20) lanes for a total of 28 bowling lanes. The addition will also pro- vide space for a new pro-shop. Approximately 900 cubic yards of fill dirt will be excavated for the addition and relocated to the onsite parking lot to the West of the building. Proposed height of the addition is 12-17 feet. Proposed setback is zero (0) feet. Proposed East side setback is 5 feet. and proposed improvements to the parking lot, located onsite include the follwoing; a fill of 900 cubic yards, retaining wall (maxim~n 5 feet in height), repaving, restriping, and storm drainage and screening. She noted applicant provided a revision, Exhibit B, page 7, of the application. Site information included zoning and Shoreline designation which is B-2 zone and "con~m~rcial urban environ- ment'' shoreline designation along Port Washington Narrows. Applicant develop- ment standards included, Shoreline program, Exhibit C, State Environr~//tal Policy Act (SEPA) which noted areas of concern to include traffic, sur- face water runoff, and bulk of structure (aesthetics). Referencing the Zoning Ordinance she noted the following; (a) the parking lot located onsite is deficient in terms of screening, surfacing, and striping; (b) the parking lot across the street is deficient in terms of screening, striping for 67 park- ing stalls, and lighting; (c) the front setback as proposed (zero front setback) does not meet zoning requiren~nts for a front setback of 32 feet from the R.O.W. (right-of-way) centerline, however the applicant has submitted a variance request for the November 1984 Planning Con~nission meeting. City Council Re~ Mtg. Minutes UNAPPROVED DRAFT October 10, 198 Page 4 of 7 Ms. Saari continued stating that all departments bad opportunity to respond to the application with the only department expressing concern, being the Engineering department, noting letter Page 12, from City Engineer Allen Kane. Mr. Kane suggested a condition of approval for expansion of Bay Bowl be t_hat the owner pay to the City $5,737.50 which is his fair share of the future left turn lane. He felt establishments whose patrons cause the necessity for the construction of a left turn lane should be required to pay their fair share of the cost of the improvement. In conclusion Ms. Saari noted that the proposal is an addition to an existing bowling alley in the B-2 zone; that the proposed addition would generally be consistent with Bremerton Area Plan policies and the Shoreline Program; the City Engineer has indicated the applicant should pay his share of future two- way turn lane along Wheaton Way, and since the applicant is applying for a permit frc~ the City, the City has the opportunity to require the site be brought up to current Zoning Ordinance codes. She further stated that staff has recon~ended four (4) conditions, if the City should approve the Shoreline permit; (1) SEPA and Bremerton Ordinance #3306 must be followed; (2) must comply to Bremerton Shoreline ~3nagement Master Program, Ordinance #3015; (3) must pay fair share of public ir~provements (two-way) turn lane. and (4) must comply to Bremerton Zoning Ordinance #1792. Slides of the proposed application were available and requested to be reviewed by Councilman Sturdivant. Mr. Bob Duffy, Planner gave background information and narrative of slide presentation. Councilman Anderson asked if Shoreline applications are submitted to the Plan- ning Cc~mission which Ms. Saari responded, only for variance. Councilman Arno stated he understood that parking requirements will be required by ordi- nance to do anything with Ms. Saari responding that the Shoreline permit is tied to a site plan and it is only for the applicants convenience. Council- man Anderson inquired as to how high the retaining wall will be with response, about two (2') feet. Where parking lot starts, approximately 5', along with chain link fencing. Mr. Scott Hogeman, Rome Construction (Builder), spoke in favor of the applica- tion and stated that the variance plays an important role in the addition with a need for eight (8') feet. He said the original construction was 6-8 years ago. He said the parking north of site, to retain level of fill and on-site drainage will be channeled in storm sewer, not adjacent properties. Councilman Sturdivant inquired if the construction is on the Bay Bowl site with Mr. Hogeman stating yes, including all improvements. TAPE ~186 #0000 Ms. Jean Jackson requested that all parking areas remain level so handicapped individuals can also utilize the facility. Mr. Ivan Trimble, 2504 Cherry Pl., expressed opposition to the variance. Mr. Swanson, owner of property adjacent to cross-street parking, stated he was not against the Bowling alley but questioned whether applicant had enough parking spots. He was concerned that, if the turn-lane is installed, parking may be reduced. City Engineer Kane noted that even if the lane is installed, it should not affect the parking. Mr. Swanson question regarding the retain- ing wall, if excavated will be answered when the applicant applies for a permit through the Building Department because building codes will require the necessary conditions as outlined above. Mr. Jack Lava, P.O. Box 938, owner of property above parking lot across street, expressed s~lar concerns and noted that parking area is subject to lease renewals. Mr. Hogeman said it is not the intent, by the applicant to alter, only upgrade the parking which will not take up further room. Councilman Anderson asked applicant if they would be against legal document relating to a "lease parking agreement" with the applicant stating they were agreeable. Councilman Arno asked the City Attorney if lease could not be broken with Mr. Broughton advising that the lease would have a "irrevocable restrictive covenant". This means it cannot be broken by order with provision of discontinuance of use. CounciLman Adrian asked if this should be part of the motion with the City Attorney agreeing. He also wanted to clarify that the legal document will be approved by all parties before a building permit is issued with Mr. Joe Gero, Planning Director, stating that applicant must meet all conditions of the permit. Councilman Arno wanted clarification that variance goes to the Planning Ccn~nission~ Mr. C~ro stated it does and the City Council Reg. Mtg. Minutes UNAPPROVED DRAFT October 10, 1984 Page 5 of 7 granting of the Shoreline permit could be approved subject to variance and without variance. #0472 o M/S/C/U/(Sturdivant/Adrian) that Be It Resolved that the Bremerton City Council hereby approves this Shoreline application for an addition of 6,245, as shown on Exhibit B and revised, square feet to an existing bowling alley for the following described property: Lots 1 to 8 and Lots 31 to 38 Block 29, US Navy Yard Addition to Bremerton, Volume 3 page 63 of Plats records of Kitsap Co., incl. pt. of vac. Seattle Court St., Vol 8, page 82 comm. Jnl .... with the following conditions: 1. Bremerton Shoreline Management Master Program; Bremerton Ordinance %3015; (a) grant an easement to the public for pedistrian access over and across the tide- lands for the width of the property. 2. Public Facilities; (a) Place $5,737.50 in escrow as the property owner's fair share of a future two-way turn lane which will serve the property on Wheaton Way. 3. Bremerton Zoning Ordinance 1792; (a) the front setback shall be 32 feet from the centerline of the R.O.W. (Section 510.3) unless the Planning Con~ission grants a variance under Sections 1308.4 and 1308.5 for a zero front setback. (b) the parking lot located onsite shall meet current code for screening (Section 716), surfacing, (Sec. 720), and striping (Sec. 706). (c) The parking lot across the street shall meet current code for screening (Sec. 716), striping of 67 parking stalls (Sec. 706), and lighting (Sec. 721). Discussion followed with CounciLman Adrian asking why motion deleted the State Environ- mental Policy Act with Mr. Gero stating there were no SEPA conditions. CounciLman Adrian also felt that the legal document for the parking lease should be part of the motion with Councilman Sturdivant revising his motion to include: 4. Applicant be required to sign a irrevocable legal document to be recorded with the County Auditor, the document to be subject to the City Attorney's approval, and indicating that the parking areas on other lots as put forth in the site plan shall be maintained as parking for the use that is the Subject of This Shore- line permit. Motion PASSED unanimously as revised. ORDINANCE #3933, SECOND READING, DESIGNATION OF FISCAL AGENT, #AB84-503 City Clerk McCluskey presented a request, second reading, from City Treasurer Olney to utilize the State's Fiscal Agent, Seattle First National Bank, for the purpose of des- truction of paid and cancelled general and revenue obligation bonds and coupons. The ordinance merely changes the name of the institution from Rainier National Bank to Seattle First National Bank. Mr. Olney stated at the first reading, that the City has used the State's Fiscal Agent in the past. #0521 o M/S/C/U/(Drouin/Adrian) to approve Ordinance #3933, second reading, amending Ordinance #3055 as amended by Ordinance #3787, relating to designation of a fiscal agent and des- truction of paid and cancelled general and revenue obligation bonds and coupons and naming Seattle First National Bank as cremation agent. ORDINANCE (FIRST READING) , REVISED SEPA FOR BPdD4ERTON, #AB84-438 Ms. McCluskey presented a request jointly sutx~itted from the Attorney and Planning de- partnmnts for adoption of a revised local SEPA Ordinance. She noted that State law requires same and the attached draft is patterned after a model Ordinance provided by the Washington State Department of Ecology. One of the most significant changes is a require- ment for a significantly revised and expanded environmental checklist. The draft Ordi- nance was the subject of a Planning Cc~mission hearing and approval and recommended by the Planning CcFanission to adopt, on October 2, 1984. Mr. Bob Duffy noted that t~]e ordinance provides whether the EIS will be required. Coun- cilman Adrian questioned whether the State law mandates with City Attorney Broughton clarifying that there is a law but this gives local enforcement power. Councilman Drouin stated that with the Environmental Act approved, April, 1984, it will simplify processing. ~0701 o M/S/C/U/(Drouin/Adrian) to approve ordinance, first reading, amending previous ordinances to incorporate the Washington State Environmental Policy Act Rules. CounciLman Adrian expressed concern if all WAC's were included with City Attorney Broughton stating yes. AMENDING MOTION TO 1984 CDRG APPLICATION, ~AB84-509 Before Ms. McCluskey could present the above request, it was noted that only 5 Council- men were seated this meeting, 2 of which were intending to disqualify themselves, leaving only 3 to vote. City Attorney Broughton suggested tabling the issue until next week, because of conflict question. %0714 o M/S/C/(Sturdivant/Amo) to table, for one week, an Amending Motion to 1984 CDBG Application, #AB84-509 because of conflict question. VOTE: In favor; Sturdivant, Drouin & Amo Abstain; Anderson & Adrian Motion PASSED City Council Ree Mtg. Minutes UNAPPROVED DRAFT October 10, 198, Page 6 of ? CITY HALL ELEVATOR - CHANGE ORDER #1, #AB84-510 Above involves CDBG Funds and reconmended that the issue be tabled one week. #0937 · M/S/C/(Sturdivant/Adrian) to table a request for Change Order #1 - City Hall Elevator. The contractor was requested to sutx~it a proposal to serve the jail area with the elevator in addition to the first two floors and the change order amounts to a $23,828.00 increase. VOTE: In Favor; Sturdivant, Anderson, Arno & Adrian Opposed; Drouin Motion PASSED 1983 JOBS BILL/CLARIFICATION TO PROJECT DESCRIPTION - Ki-~ANIS FIELD, #AB84-511 Ms. McCluskey presented a request, jointly submitted from the Planning and Parks department, to amend the 1983 Jobs Bill item for Kiwanis Field to read "labor and materials to secure the boiler room, make certain improv~nents to the building facility and to construct a rest_room with possible storage". Bids on the Restroom facility left unexpended funding of $3,102.00 of which $800.00 will be needed to install a steel door and exterior cleanup, thereby securing the boiler room,which contains asbestos, from the general public access. State and Federal officials has indicated that the asbestos associated with the boiler room would not have to be removed. Mr. Joe Gero, Planning Director, did not think the 1983 Jobs Bill had money in Budget for improvements, such as Kiwanis Field, therefore it needed clarifica- tion. He discussed the possibility of asbestos removal however indicated the low bid may not be adequate to do the job because contractor wanted to excluded from Federal and State guidelines on removal. Councilman Adrian was concerned about consistent restraints with 1983 Jobs Bill and whether we could do it at this time. Mr. Gero stated yes, we could, but was not sure how Council would feel about changing directions. #1048 · M/S/(Adrian/Sturdivant) to approve amending the 1983 Jobs Bill item for Kiwa- nis Field to read, "Labor and materials to secure the boiler room and make certain improvements to the building facility and to construct a restroom with possible storage". Mr. Bert Gegner was concerned about not doing the job right the first time, referring to getting rid of asbestos and not having money to do it. Mr. Gero responded that even if boiler and asbestos removed, we would still have to secure the area to public access. He felt it does not fiscally make sense. Ms. Jean Jackson was for removal of the asbestos because of related dangers. VOTE: In favor; Sturdivant, Drouin, Arno & Adrian Abstain; Anderson Motion PASSED RIGHT-OF-WAY ACQUISITION; WARREN AVENUE & NAVAL AVtlNUE, #AB84-512 Ms. McCluskey presented a request from the Engineering department for Council to approve the purchase of the necessary right-of-way as described on an attachment, filed in the City Clerk's office. The City has received approval of State funds to improve Warren Avenue frcm Burwell to 6th Street and Naval from Burwell to 6th. The project will require that the City purchase small portions of private property in order to widen the turning radius at the inter- sections. Money will be debited from the Arterial Street Fund and reimbursed at 90% from the U.A.B. She noted that the property was appraised by Richards and Associates. Amount of acquisitions are, Naval Avenue, $4,185.00 and Warren Avenue, $14,005.00. Councilman Sturdivant asked if this was to widen turning North on Warren. Mr. Kane stated that it was to increase radius of turns. Councilman Drouin stated the Council has been apprised of the problems at these two locations. #1297 · M/S/C/U/(Drouin/Adrian) to approve the request to purchase the necessary right- of-way as shown on attachment, locations at Warren Avenue and Naval Avenue as specified. BASS LID P~'I'fTION SANITARY S~ER, #AB84-513 Ms. McCluskey presented a request from the Engineering department to proceed with a L.I.D. on Northlake Way. Mr. Virgil Bass, resident, presented the City with a petition for a sanitary Sewer Local Iaprov~nt District. He is an owner of property at the area covered by the LID, however, since the area City Council Re~- Mtg. Minutes UNAPPROVED DRAFT October 10, 19~ Page 7 of 7 is outside the city limits, the City may accept the petition and construct said sewer, but sewer will be paid for by Direct Assess~nent to the proper- ty c~ners. Councilman Adrian asked if persons will be assessed a capital charge with Mr. Kane responding that the Wastewater Facilities project has not defined what the assessment will be. ~r. Adrian was advised by City Attorney Broughton that Waste~ater Superintendent, Donald Proctor, is researching what the recom- mended assessments will be. Counci/man Drouin noted that if the area is in our jurisdiction, we must provide service and cannot turn down applicants. #1582 · M/S/C/U/(Sturdivant/Adrian) to approve a request from the Engineering depart- ment to proceed with the L.I.D. on Northlake Way as petitioned. Mr. Anderson stated the Council will go into Executive Session to discuss possible litigation regarding the sick leave benefit portion of the manage- ment ordinance. Meeting recessed to Executive Session 8:13 p.m. Meeting adjourned after Executive Session 8:25 p.m. ~~% ~t ~ Clerk KATHI.E~N L. MCCLUSKEY, City of Bremerton APPROVED: ART ANDERSON, PresicYent City Council KLM:AA/cj s cc: Nozmal Distribution File